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Old 12-19-2013, 10:12 PM
 
544 posts, read 1,405,405 times
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Our lease stipulates that each year the landlord should give the new lease 60 days before the end of the current lease. Apparently they forgot it and so they gave the new lease only 40 days before the end of the current lease. I see there is an increase of the rent. Would it be ok for us to ask for no increase because they didn't give the new lease in time?
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Old 12-19-2013, 11:23 PM
 
24,128 posts, read 16,694,418 times
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Quote:
Originally Posted by ny123 View Post
Our lease stipulates that each year the landlord should give the new lease 60 days before the end of the current lease. Apparently they forgot it and so they gave the new lease only 40 days before the end of the current lease. I see there is an increase of the rent. Would it be ok for us to ask for no increase because they didn't give the new lease in time?
If you are RS you can have the date of your renewal lease pushed back to reflect the missing twenty days.

Years ago a co-worker in RS apartment was going through a bit of bother with his landlord. During all that mess LL neglected or just did not sent renewal lease within the proper amount of days. After speaking with an attorney the tenant was advised to contact LL and tell them what was what. IIRC LL had to send another renewal lease reflecting the proper time frame so the guy got several more weeks at the old rent.
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Old 12-20-2013, 06:25 AM
 
Location: Beautiful Pelham Parkway,The Bronx
8,830 posts, read 21,392,981 times
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Quote:
Originally Posted by BugsyPal View Post
If you are RS you can have the date of your renewal lease pushed back to reflect the missing twenty days.

Years ago a co-worker in RS apartment was going through a bit of bother with his landlord. During all that mess LL neglected or just did not sent renewal lease within the proper amount of days. After speaking with an attorney the tenant was advised to contact LL and tell them what was what. IIRC LL had to send another renewal lease reflecting the proper time frame so the guy got several more weeks at the old rent.
Would it be worth it to be viewed as as a pain in the butt by the landlord in order to get 20 extra days at the old rent ?
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Old 12-20-2013, 07:25 AM
 
1,060 posts, read 1,748,384 times
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Quote:
Originally Posted by ny123 View Post
Our lease stipulates that each year the landlord should give the new lease 60 days before the end of the current lease. Apparently they forgot it and so they gave the new lease only 40 days before the end of the current lease. I see there is an increase of the rent. Would it be ok for us to ask for no increase because they didn't give the new lease in time?

It depends on how long you want to stay before they evict you. You can continue to pay your old rent
until you move since you will be without a lease but they will get you.
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Old 12-20-2013, 12:27 PM
 
Location: Manhattan
22,924 posts, read 30,852,371 times
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Not worth the time, effort, and hard feelings to make a fuss.
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Old 12-20-2013, 12:43 PM
 
2,503 posts, read 3,820,627 times
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Quote:
Originally Posted by bluedog2 View Post
Would it be worth it to be viewed as as a pain in the butt by the landlord in order to get 20 extra days at the old rent ?
I agree with Bluedog...you will leave a bad taste in the LL's mouth going forward. Besides 20 days is nothing. And even if you wanted to move, people normally don't start looking for apartments at least 30 days before the lease expiration date.

Doesn't make much sense to look for an apartment say 60 days before moving out as the LL is not going to hold the apartment for you vacant for 1 month and in the process lose 1 month of rent just because its convenient for you. The goal of the LL is to rent it out right away.
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Old 12-20-2013, 01:46 PM
 
24,128 posts, read 16,694,418 times
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Don't know why persons insist on tippy-toeing around their landlord as if he was some sort of god.

A lease is a contract with obligations on both sides, it has nothing to do with
anyone's "feelings" or being "upset". Does anyone honestly believe that a LL turns around and thinks "oh well they let me slide when I sent the renewal late, so I will go the extra mile for repairs"? Heck no, it does not even factor into the equation 99.9% of the time.

If this tenant went twenty days past due on his or her rent want to make any wagers if a "Three Day Notice" wouldn't be sent?

People need to remember to do you first. Depending upon when the lease renewal starts it will not just be twenty days, but likely prorated somehow for the entire month. When was the last time you've seen rent due on any other day than the first of the month? In cases like this it can mean paying the old rent for one or more months longer which depending upon the size of the increase and terms of lease renewal (one or two years) can save a little bit of money.
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Old 12-20-2013, 01:58 PM
Status: "The Silent Majority Speaks on 11/3" (set 10 days ago)
 
Location: New York City
11,579 posts, read 7,731,996 times
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Depends on the relationship with the landlord. If it's a nice little Greek lady who lives downstairs and you trade cups of flour every weekend, then of course you let it slide. If it's some large faceless management company or worse yet a bad landlord, then yes extract every last penny that you are legally entitled to, as would they in the same situation
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Old 12-20-2013, 02:56 PM
 
Location: West Harlem
6,885 posts, read 8,702,793 times
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Quote:
Originally Posted by BlakeJones View Post
Depends on the relationship with the landlord. If it's a nice little Greek lady who lives downstairs and you trade cups of flour every weekend, then of course you let it slide. If it's some large faceless management company or worse yet a bad landlord, then yes extract every last penny that you are legally entitled to, as would they in the same situation
In the latter case, it is far more about protecting yourself and establishing precedents for what might come down the road. People have trouble understanding this for some reason.
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Old 12-20-2013, 02:57 PM
 
Location: West Harlem
6,885 posts, read 8,702,793 times
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Quote:
Originally Posted by BugsyPal View Post

If this tenant went twenty days past due on his or her rent want to make any wagers if a "Three Day Notice" wouldn't be sent?
Completely agree, one would be sent in a flash.
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